By MIRIAM ZIMBA –
WHAT is an entitlement for every working woman-maternity leave, is a benefit that has not come that easy.
In the 1970’s expectant mothers in formal employment were forced to choose between staying home to look after their newly born babies or continue working immediately after delivery.
Former freedom fighter Mama Betty Chilunga explains that the labour regulations at the time compelled women to resign from formal employment whenever they delivered because maternity leave was non-existent.
Mama Chilunga, was a teacher at the time recalls how she was forced to resign from her job twice, in order to nurse her first two children.
“They used to tell us that once you have a baby, you have to resign from your position, and if you decide to return, you needed to re-apply as a teacher,” she recounted.
“I did this for my first two children, and this is what compelled me to change jobs from being a teacher to the Ministry of Community Development, where I joined UNIP’s women’s league movement, in order to contribute to fostering women’s rights,” she added.
Her sentiments are also echoed by another former freedom fighter Mama Christine Mulundika who was also a teacher at the time.
“My first three children were born in the night, and I was forced to return to work the next morning, without any consideration of my fragile state of being, not to mention the much needed attention for the babies,” she explained.
“The third time this happened, I decided to plead with the headmaster in order to allow me time to recuperate.”
“I knew that if I just stayed away from work, my salary would be deducted for the period that I would be away from work,” she added.
Mama Mulundika explained that the recognition of maternity leave as a right for expectant mothers in formal employment was an up-hill battle that did not come that easily.
“It was not until about the early 1980’s that our cries were heard, and women were finally granted a maximum of three months paid maternity leave,” she noted.
The two are just among the many women from the UNIP women’s league and the Kapwepwe Women’s club movements who were determined to ensure that women enjoyed their rights long before even the international platforms such as the 1995 Beijing women’s conference was even convened.
According to the Minimum Wages Act, “A female employee shall be entitled to maternity leave on production of a medical certificate signed by a registered medical practitioner.” Where by reason of illness due to pregnancy, a female employee becomes temporarily incapable of performing her official duties; she shall be entitled to sick leave.
The Act further provides that maternity leave granted shall be in addition to any other leave to which the employee may be entitled.
An employer shall not terminate the services of a female employee or impose any other penalty or disadvantage upon such employee for reasons connected with such employee’s pregnancy.
The law prohibits termination of employment for reasons connected with pregnancy, and in the absence of proof to the contrary, an employer shall be deemed to have contravened the law, if he terminates the contract of service or imposes any other penalty or disadvantage upon a female employee within six months after delivery.
The employer shall be guilty of an offence, while in case of illness arises out of pregnancy and results in a female employee becoming temporarily incapable of performing her official duties,such employee shall be entitled to sick leave.
Maternity leave shall be granted to a woman who has completed two years of continuous service from the date of her first engagement or since the last maternity was taken.
Nowadays women in formal employment in Zambia enjoy anything between 90 and 120 days as maternity leave, depending on one’s conditions of service.
Former first lady Christine Kaseba made called for the ratification and domestication of the maternity protection in Zambia to help address poverty, maternal and child morality as well as reduce malnutrition among children.
These calls were made during the national tripartite dialogue on maternity protection, where she noted that maternity protection is critical to decent work and should be used to empower women socially and economically.
It is envisaged that once ratified, the International Labour Organisation (ILO) Article 183 on maternity protection, will enable women to access up to six months maternity leave without losing their jobs whilst on leave.
Article 4 of this convention provides for not less than 14 weeks maternity leave and a further six weeks as regard to the protection of the health of the mother and new-born child, which brings the total number of maternity leave to 20 weeks which translates to 210 days.
Dr Kaseba said the move would allow women to carry-out their biological roles while still maintaining their productive roles as employees.
Dr Kaseba is of the view that maternity leave of up to six months would accord mothers enough time to recuperate from delivery, and also allow for exclusive breast-feeding which is essential to reducing the child mortality rate.
“It is unacceptable that women should be pressured to secure casual and low paying jobs and forced indirectly in making family planning choices for fear of losing their jobs. Without children there will be no bosses and without children there will be no employers and employees,” she said.
At the same occasion, Labour Minister Fackson Shamenda reiterated government’s commitment to ensuring the ratification of the ILO convention in order to promote the health and well-being of breast-feeding mothers and their newly born babies.
Currently, the challenge has been on how to strike a balance between ensuring their economic activities do not pose a risk to the health of the woman and her newborn baby, and that of the productivity role of a working mother.
Currently, women expectant mothers in formal employment have access to up to 120 calendar days, with full pay to recuperate from delivery and nurse their newborns.
However, it remains to be seen if the fight to increase the current provisions to match that of the ILO Convention will be ratified and domesticated by the Zambian government.
It is important for women in Zambia to bear in mind that what they enjoy today as maternity leave is a battle that was fought and won by their mothers and grandmothers in the 1960’s and 70’s.
“Women should not think that maternity leave was automatic, we had to fight to get at least three months for our women,” Mama Mulundika said.